Posts Tagged ‘Civil Rights’

SCOTUS Watch: Avoiding Judicial Abdication to Expansive Executive Power in Ashcroft v. Iqbal

February 10, 2009

Duke Law Student Jason Rathod discusses the importance of judicial checks on the executive branch in Ashcroft v. Iqbal.

Sometimes courts are asked to define the scope of executive authority by defining its “hard” boundaries, answering questions such as whether the president’s commander-in-chief authority extends to determining the interrogation techniques that can be used on detainees.  Equally important, sometimes the effective scope of executive authority is also determined by how courts establish its “soft” boundaries, by deciding whether executive branch officials can properly be sued to test whether a hard boundary has been exceeded or not.  The doctrine of immunity from suit plays an important role in determining whether judicial review is available for contestable executive action.  On December 10, 2008 the Supreme Court heard oral arguments in Ashcroft v. Iqbal, a case testing the limits of executive immunity from suit. (more…)